Provincial Council.

Lyttelton Times, Volume III, Issue 152, 3 December 1853, Page 8

Provincial Council.

THURSDAY, Nov. 17,

The Speakkk read a message from His Honor the Superintendent, assenting to the "Government Gazette Ordinance," and the "Executive Government Ordinance."

The " Public Record Office Bill," and the " Public Se:il Bill" were committed, and reported without amendments. The "Empowering Bill" was committed, and reported with the introduction of a clause.

In the absence of Mr. Packer, Mr. Rhodes moved—" That His Honor the Superintendent be requested to lay before this Council any correspondence relating to the proceedings taken by the Commissioner of Crown Lands affecting the title of land at Akaroa, purchased by Mr. D'Oyley from the Canterbury Association." Agreed to.

FRIDAY. Nor. IS,

Mr. Hall, in moving that the <s Scab and Catarrh" Bill be considered in Committee, explained that he had been given to understand it was the intention of the Government to oppose the further progress of the " Branding Bill" in its mutilated form. It was therefore his intention to withdraw the Bill, and introduce into the " Scab and Catarrh" Bill clauses relating to the branding of sheep. The Bill was committed and reported with various amendments.

TUESDAY, Nov. 22nd. CATTLE TRESPASS BILL.

Mr. Tancred, in moving- the first reading of this Bill, said that the present law relating to trespass was extremely unsatisfactory. By this Bill three Ordinances would be repealed and brought into operation under one head, viz., " The Cattle Trespass," " Impounding," and " Entire Animal" Ordinances. At present there is uo remedy for trespass on unenclosed lands. In the case of two parties of equal amount of capital, it cannot be considered equitable that the one engaged in agricultural pursuits should be put to the entire expense of fencing his land to prevent the^ other's cattle from trespassing upon it, when the owner of the cattle has to expend no more than the value of his stock. This would be provided for by this measure; ordinary damages could be recovered, and the injured party would have the power of driving the cattle to the owner's dwelling and char»in«for the time occupied in doingfso. Then" the nature of fencing is very ill defined, which be remedied by establishing a fixed standard. The Ordinance at present in force does not protect land in the town ; by this Bill a fine of ss. per head would be inflicted upon cattle at large, whether in the streets, upon land enclosed, or unenclosed. The Impounding regulations would also be extended to every* district, whereas at present they are confined to a distance of five miles from the town. He would move the first reading of the Bill.

The Bill was read a first time, and the House adjourned.

WEDNESDAY, Nov. 23. COMMUNICATION BETWEEN LYTTELTON AND

THE PLAINS

Mr. Hall, in moving for the appointment of a Commission to investigate the subject of the communication between Lyttelton and the Plains, said, that he did not wish to ignore the fact of enquiries having already been made on the subject, but thought that none of these enquiries were sufficient for our present guidance. Captain Thomas had formed his decision after a comparatively short acquaintance" with the country, and many circumstances had transpired since, which might materially have affected his judgmen'. Mr. Roy was only directed to report upon the Sumner road, and confined iiis enquiries exclusively to that line, so that his report could be no guide as to the comparative merits of other schemes. The enquiry by the Committee of the Society of Land purchasers was of a more comprehensive character, but this report was after all an expression of opinion on the part of private individuals, and their investigation was far from being such a complete and searching one as die subject deserved. The experience of the last two years had thrown much light upon the subject ; we saw more clearly what our requirements were, and we had become familiar with the natural features of the country as well as the character of the materials we had to contend with. Several new plans hud, been brought forward ; among

others, one for the improvement of the Stunner bar, another for a line ot" road by Cass's hay, another for a tunnel near to the present bridle path, besides several other really important suggestions. All these should be fully considered before we proceeded to expend a large sum of money upon any one particular plan, as it might come out, alter we had sunk this money, that a better plan could have been carried out at a less expense. The public mind would not be satisiied if we proceeded further without some such enquiry. With respect to the mode of enquiry, Mr. Hall thought that a committee of that Council would be objectionable, because after the time for which members had already been taken away from their private affairs, they would not be got to attend such a committee ; moreover very lew others were by education and previous pursuits qualified for the task. The most satisfactory body would be a commission consisting of one or more civil engineers, of persons intimately acquainted with the natural features of the country, and of parties representing both the interests of Lyttelton and the Plains. This would entail some expense, but the Council had been led to believe that there would be a surplus in the Provincial Treasury from which it might be met, and in a matter involving the judicious or injudicious expenditure of many thousand pounds, the small sum necessary for directing that expenditure into the best possible channel would be well spent, and prove eventually a real saving. He was anxious that this enquiry should commence forthwith, because it would necessarily occupy considerable time ; the summer season was the on 3 during which it could be most advantageously conducted, and it was desirable that we should agree before lung upon the plan to be adopted, in order that when means were placed within our reach, operations might be commenced without delay. He therefore moved the following Resolutions, viz.:—

1. That the establishment of an efficient communication between Lyttelton and ihe Plains is of vital importance to the welfare of the Province.

2. That a Commission ouoht forthwith to be appointed, for the purpose of investigating the various plans which have been proposed for the attainment of this object, and of reporting upon the merits and probable cost of such plans respectively.

Mr. Bealky seconded the Resolution?. In his opinion the road was made of too much importance, as the traffic by water would always be the cheapest. Still he advocated a road being made, so as to secure a permanent communication at all times and seasons.

Mr. Packer quite agreed in the necessity of a better communication, but until he saw" the probability of funds being forthcoming to execute such a work, he thought such an enquiry as was moved for useless, as it would meet the same fate as that undertaken by the Committee of Land-purchasers : a report*would be made, and there the matter would end. Mr. Hoy's report had also been shelved. As to depending upon water-communication, that was absurd" for the water-carriers had it all their own way, and did what they pleased, and the public were compelled to submit to what those "water-rats" (laughter), the boatmen, pleased. He was certain that, taking into consideration the extracharges incurred, combined with actual losses and delays, a road had been already paid for. Still, much as he wished for a better communication, he thought that, situated as we were with respect to funds, it was not advisable to institute an expensive enquiry at present. Mr. Takcred said that no one could more cordially agree than he did with the words of the first resolution which expressed a sense of that great want of the settlement, of which not only members of this Council, but every inhabitant was thoroughly convinced. There were not two opinions upon this subject. But admitting this, he confessed that he did not see the practical result to be arrived at, by the appointment of a Commission. The honorable member said very truly that before funds were applied to effecting tins object it would be highly desirable that a complete investigation should take place as to the best means of proceeding. While agreeing in this, he must say that he was not aware that there were any funds available for this object, nor did he s°e any reasonable prospect of any for some time to come. The lion, member seemed to talk as it he knew of some secret hoard (lau-hter) available for this purpose, and that the only

question was as to the best manner in T7"", this could be e.nployed; if this h^ 1 lancred) would be very anxious to see tl ' S \T,' solution carried-, but if lueie were ." Ue: resource, he thought it unwise to put th P yince to the expenceof a commission of ei, n E" in the hopes of "something turning ,1, tiry Mr. Micawber would have sa ?d (huiHuer I a"' a preliminary step to the appoi, v j 11( ,oof0 of a P., mission to inquire into the best means of com municalion, he should wish to see a Conin' sion appointed to inquire into the probable n pense ot such a Comaiission as the one -kV»a for (laughter.) "cv

Mr. Dampiek agreed with the 1, 011 . movers to the necessity of the case, but thoiHit th-it it was premature. If there were iimds it would be desirable to make the water communication effective, because that would endure notwith standing- there being a land route, which eveuiu" ally would only be used by genlleiiieii in their dog-carts (laughter) and equestrians. The public would not be satisfied till there was -i 1 ail way established, which in his opinion would be the best communication, and could be made with small expense to the Settlement, as it would cieate an influx of capital, while the traffic would be sufficient to cover the expenses Mr. Hamilton supported the Ist Resolution' but objected to the 2nd on the'grounds advan,' ced by preceding speakers. There had been a great deal of evidence already obtained, which should be taken as prima facie conclusive till we hud any further. He would move the 2nd resolution be expunged, and the following words be added to the first—"and that His Honor be requested to lay before the Council, any information the Government may possess, or may be able to obtain on the subject."

Mr. Cookson thought that the best pliin would he to offer a premium of £100 or £'!50 lor the best plan and information so as to keep the expense of enquiry as moderate as possible. The House divided on Mr. Hamilton's amendment, which was carried.

Ayes—.Messrs. Packer, Dumpier, Simeon, Tancred, Rhodes, Hamilton.

Noes—Messrs. Cuokson, Hal), Beuley,

The " Scab and Catarrh," "' Public Seal," "Public Eecord Oi-tice," and " Empowering" Bills were read a third time.

REGISTRAR OF DEIiDS.

The House went into Committee, Mr. Cookson in the Chair, to consider the Resolutions referring- to the Office of Registrar of Deeds. Mr. Tanchej) said that the Council would have become aware from the papers lying on tho table, that Col. Campbell, having been removed from the office of Commissioner of Crown lands, had been appointed to that of Registrar of Deeds. The resolutions which had been come to by this Council, and the views expressed by lion, members in reference to the abilities and fitness for office of Col. Campbell, shewed clearly the opinions of the Council upon these points; and he (Mr. T.) need not enter into uny arguments to prove that this appointment was a most unfortunate and improper one (hear). But be wished to draw their attention more "particularly to the peculiar evils of having an unfit person as Registrar of Deeds, and he might lie allowed to quote His Excellency's own words in confirmation of this statement. His Excellency, in a despatch, received only by the last mail, so pointedly marks his sense of the great inteies:s involved in the proper administration of ihii office, that I am convinced lie cannot have given the matter due consideration when ho made this appointment. His Excellency insists, in speaking- of this oflice, '"' that the registration and careful preservation of the Records which show the nature and title of every properly in the Province, upon which, as well aa upon the proper administration generally of the oflice entrusted with these duties, the future well-being and happiness of so many individual families and of the whole public will so much depend (hear, hear,) be not made a mere subordinate branch of a general oflice of Public Records." With the full knowledge, then, that he is dealing- with a matter affecting the wellbeinir and happiness of t«e whole public, His Excellency entrusts their care to such a person as Col. Campbell. The public here are of tne same opinion as His Excellency as to the great interests involved (hear,) and a jrreut n'""oc; have lost no time in rescuing their deeds urn his grasp before he enters upon his office. Excellency has on several occasijns expresse a desire to be guided by the wishes of tlie co nists (hear,) and I think this is a matter oi sutH

paramount necessity, that we ought to lose no time in letting him know what the wishes of this Council, as the organ of the public, are upon the matter (hear hear.) I see by the Government Gazettes, that His Excellency gives great weight to addresses; for I find that he considers it useful to record no less than nine addresses in one issue, which lake up a considerable amount of room. I may mention that all these addresses are of a complimentary character, one of them going so far as to compare His Excellency to Julius Cesar (laughter,) and rather depreciating that great lloman in comparison (laughter.) Whether the amount of compliment contained in an address makes any difference in His Excellency's estimation of its value, (laughter) I cannot say ; if not, we may hope to see our addresses and resolutions not only attended to, but perhaps published in the Gazette (hear, hear.) He moved —

I. That this Council has learned with great surprise and regret that Lieutenant Colonel Campbell, after having been removed from ilie office of Commissioner of Crown Lands, has been appointed to that of Registrar of Deeds for this Province.

2. That, considering how largely the interest of individuals may be effected by the Acts of the Registrar, and the extensive evil which may result from incompetence or mal-adinimstration, this Council are of opinion that that office ought to be entrusted only to some person possessing the fullest confidence of the public. 3. This Council are of opinion that the office of Registrar of Deeds is one which ought, if possible, to be filled by a person having a legal education, and that for the purposes of economy its duties might for the present be most conveniently performed by the Deputy Registrar of the Supreme Court. And the Council are further of opinion that for public convenience and economy, all the Public Records should be kept, and all the Registration including that of Births, Deaths and Marriages, should be performed in the same ofiice.

4. That this Council, referring to the letter of the Civil Secretary to His Honor dated the 14th Oct., 1853, in which it is proposed that any deficiency in the funds arising- from fees and fines in the Departments of Supreme Court, Registrar of Deeds, Registrar of Births, Deaths and Marriages, to meet the expenditure of those Departments, should be defrayed out of the Provincial Revenues, —resolve, that the Council would deem it highly injurious to the public interests, and opposed to all constitutional principle, to vote any supplies for the service of any Departments whose expenditure and accounts are not submitted to the control and audit of the Provincial Government.

5. That this Council, considering- that it is desirable to maintain the above named Departments in uniformity with those in the other parts of the colony, resolve, —that as soon as those Departments shall, in matter of Expenditure and Audit, be placed under the Provincial Government, this Council will make such provision as may be necessary for maintaining those Departments in a state of complete efficiency, and for the satisfactory performance of whatever work the General Government shall determine ought to be performed in those Departments respectively. 6. That the above Resolutions be transmitted to His Honor the Superintendent, and that His Honor be requested to communicate them to His Excellency.

Mr. Halii said that enough had been shown >n that House to prove Colonel Campbell's unfilness for the office of Commissioner of Crown Lands. He considered him to be even less qualified to be Registrar of Deeds, an office which particularly required to be filled by a person of business habits. He should therefore support the Resolutions.

The llesolutions were adopted. IMMIGRATION PUND

The Council also adopted, on Mr. Tancred's moving-, the following Resolution on the Emigration Fund.

"Tins Council having taken into (heir consideration the letter from the Civil Secretary to His Honor the Superintendent, dated tl-e 12th August, 1853, No. 1062, resolve—That it is de "ruble that that portion of the Land Fund oUie Province which is now applicable to Immigration purposes should he expended under "'C management of the Provincial Government."

WASTE LANDS. Mr. Tascred ; We are all agreed that it is desirable that ihc management of the Waste

Lands should be in the hands of the Provincial authorities. At least, to judge from the expressions used not only on the hustings, but in this Council, it seems to be the general feeling that the Waste Lands ought to be administered not by the central but by the local authorities, under the direct control of the Provincial : Council. This however is at present impossible because it is contrary to law. That law, namely the "Crown Lands' Ordinance" and the "Crown Lands' amendment and extension Ordinance," prescribes that the Waste Lands should be administered by a Commissioner appointed by the Governor, and it remains for us to see whether we oxnnot obtain an indirect control over this officer, it being admitted that, for the present, a direct control is impracticable. Now it appears to me that the Superintendent is an officer over whom we do exercise such a control, for if .he acts contrary to our wishes in the management of the Waste Lands, lie will lose our confidence and consequently be as much embarrassed as if he administered any other department badly. But besides this indirect check, the Resolutions impose the direct check of the Executive Council: that is to say, the Superintendent must gain the acquiescence of all the members of the Executive before he can determine upon any particular measure. In addition to this advantage, there is another consideration which, in dealing- with this matter, we must notlose sight of; I mean the question of expense. I very much doubt whether we should feel justified in incurring the expense of an unnecessary salary to a Commissioner of Crown Lands when this office might be performed by the Superintendent, and whether our constituents would be willing to squander the Land Fund in a salary to a Commissioner, when the money so spent might be much more profitably devoted to the making of roads and other public work?. Let us consider the state of the case as it now stands-. We have a Commissioner appointed by the Governor, wholly irresponsible. For with such an example before our eyes as the late Commissioner, all idea of responsibility is absurd. This 'officer may absorb the whole of the land fund in the expenses of the department ami survey; so that he is empowered to spend if he chooses the whole of the proceeds in maintaining himself and his friends, without devoting a sixpence to making roads or other public works of urgent necessity. Mind Ido not say that this is likely to be the case, bill it is very possible. Now I would ask, is it possible that the Superintendent, responsible as he is in other matters, would be inclined to make such monstrous use of his powers ? and if he did, would he get the Executive Council to agree? and if Superintendent and Executive were not agreed, could he carry on the Government at all ? This is the question now before us. Will you incur the unnecessary expense of a Commissioner's salary in order that the Waste Lands should be administered by an irresponsible instead of a responsible officer. I therefore move:— " That this Council, having taken into consideration the additional correspondence laid on the table relating to the Waste Lauds of the Province, resolve,— 1. That whilst this Council learn with great satisfaction that His Excellency has been pleased to place the management of the Waste Lands under one control, they see no reason to depart from the opinions stated in the Resolutions passed on the 13th October. 2. That this Council, however, regret that they cannot regard the arrangement made by His Excellency as one likely to result in a satisfactory management of the Land Department. It appears to this Council highly undesirable that the office of Commissioner of Crown Lands should be held as an independent appointment; first, because the powers vested in that office are greater than in the opinion of this Council can ever be entrusted to one, especially to an irresponsible, officer, with a due regard to the interests of private individuals, or with the hope of his Acts commanding public confidence ; secondly, because the duties attached to the office are not such as to justify the expenditure of public money in a separate salary. With an efficient staff of Surveyors, and the services of the chief Clerk at present employed, the whole duties of the Commissioner might be performed by, and his powers most fitly entrusted to, the Superintendent of the Province, acting by the advice and with the consent of the Executive Council. And the Council are persuaded that such an arrangement would be move conducive

than any otherjto public confidence in the ad ministration of the Waste Lands.

2. That this Council have learned with the greatest disappointment that there do not appear at present to be any funds whatever placed at their disposal for public work and for immigration. The expenses of the Land Office and of the Survey being a first charge on the Revenues, and the Provincial Government having no control over that expenditure ; it appears that the disposal of the whole of the Land Fund is virtually vested in the Land Department itself. The Council deem this a strong additional reason why the powers of the Commissioner should be entrusted to the Provincial Government, in order that the Expenditure in the Land Department should be subjected to a proper control, and audit. 4. That the above Resolutions be transmitted to His Honor the Superintendent, and that His Honor be requested to communicate them to His Excellency. The first Resolution was adopted. On the second being moved, Mr. Dampier objected to the Superintendent holding the office of Com-* missioner of Crown Lands without the control of the Provincial Council. Mr. Bealey took the same view as Mr. Dampier, and proposed as an amendment that the words "Provincial Council" be substituted for " Executive Council," &.. 45 .-~--j Mr. Hall seconded the amendment. Mr. Hamilton said that the Council seemed to have lost sight of the fact that they had no controul at all over the Waste Lands and Regulations. They had no power to alter the iaw : that must stand as it now was under the Governor's proclamation. The question was as to'their administration and the proper person to be Commissioner : whether he should be one over whom the Province had no controul at all, or one responsible to the Council. After a stormy debate of nearly three hours in which every member took part, and there appearing to be no probability of any union of opinion, it was proposed by Mr. Hall, and seC6iided by Mr. Bowen, that the House adjourn for two hours to allow of a conference, so that, if possible, a Resolution agreeable,to all parties might be arsanged. The House accordingly adjourned, and re-assembled at half-past six, all the members being present save Mr. Dampier and Mr. Cuss. Mr. Aylmer had arrived during the adjournment from Akaroa. Mr. Tancred renewed the debate by moving the adoption of the original resolution. Mr. Hall moved as"an amendmeut that th» resolution should stand thus: —

" That this Council regret that they cannot regard the arrangements made by His Excellency as likely to'result in the satisfactory management of the Land Department, and consider that the duties attached to the office of Commissioner of Crown Lands are not such as to justify the expenditure of the public money in a separate salary."

Mr. Bealey seconded the amendment,

Mr. Packer would prefer the original motion with the amendment first proposed by Mr. Bealey; only, as that was not persisted in, he should support Mr Hall's amendment. Mr, Rhodes also supported the amendment; and, after another long discussion, the House divided when the amendment was carried'; ayes, 5 ; noes, 4. Mksshs. Hall, Bkalkt', Packer, Rhodes, and Aylmeu voting An th« amendment ; and Messrs. Bowen, Simeos, Tancred. and Hamilton against.

Mr. Tancbed said the amendment having being carried, if would be necessary to take further consideration (perhaps to move an adjournment for a fortnight) as to the course the Executive should pursue, as the amendment had entirely changed the purport of the Resolutions. Mr. Hamilton thought that the mover of the amendment, having carried his point, ought to be prepared-with some resolutions in lien of those rejected. As the matter now stood, His Excellency's arrangements were objected to, and no substitutes suggested.

Mr. Aylmer said he had voted in error. He had only arrived alter the adjournment. He was decidedly of opinion that tlie Supenntenddent was the proper person to hold the office of Commissioner of Crown Lands, He thought he was voting to that cfiect from the copy of the Resolutions he held in his hands.

Mr. Hall did not wish to take advantage of the misconception of the honorable Member for Akaroa. If Mr. Ayhner would abstain from voting, as he acknowledged he hud not heard

the arguments adduced, he (Mr Hall) would consent to the question being re-put. Mr. Tancred then moved, and Captain Simeon seconded, that the original Resolution be put as an amendment on Mr. Hall's amendment.

The Council divided ; for the original motion, Messrs. Tascked, .Simeon, Hamilton, and Bowkn ; for the amendment, Messrs. Hall, Packer, Rhodes, and Bealey. The votes being equal, the Chairman (Mr. Cookson) gave the casting vote in favour of the original motion. Mr. Tascbed moved, and Captain Simeon seconded, the third Resolution.

Mr. Hall moved as an amendment that all after the words "Laud Department" be ex- | punged, and the following be substituted: "That in the opinion of this Council the Revenues from the Waste Lands within the Province, and the expenditure of the Land Department, ought to be subject to the disposal and control of the Superintendent and the Provincial Council." Adopted, unopposed. The fourth Resolution was then carried, and i the House resumed. Mr. Hall moved that the votes of mem- j beis be recorded. The Speaker thought that as the motion | affected the rules of the House he might be allowed to offer his opinion. The hon. member ■would have an opportunity of making known the votes of the House through the public Press, Mr. Hall objected to that. He thought it unseemly to continue debates in the columns of a newspaper. He then read and tendered the followiug protest, and. moved that the clerk be directed to enter it on the journals. " We hereby, protest against the Resolution adopted by the Council, because it gives the sanction of this Council to extensive powers over the Waste Lands in the hands of one individual, in the exercise of which he would.be practically irresponsible ; an arrangement which we consider would impair public confidence in the administration and management of the Waste Lands of the Province. " (Signed) Jo&s Hall, Samuel Bealey, B. Packer, R H. Rhodes." The Speaker said that the hon. member had misunderstood him. The press published (and he thought that every facility should be given to the Press,) the debates and proceedings of the House, thereby making known the parts members took in "them, and which way they voted. • Mr. Hamilton would oppose the motion today. It involved a question of principle, and required consideration. He thought it best to give notice for to-morrow. The Speaker read the clause of the Standing Orders, wherein it required 24 hours' notice of ?n>y motion, or special leave of the House to be jacked. Mr, Hall then moved, and Mr. Packer seconded, special leave of tiie House. MjvTamcred suggested the postponement of the motion till to-morrow. Mr. Hall, agreed to this, and gave notice that he would to-morrow move that the clerk be instructed to enter protests of members. ADDRESS TO THE GOVEBNOR. Mr. Tancred then moved, and Mr. Aylmer seconded, the following Address to the Governor. " We her Majesty's faithful subjects, of the Province of Canterbury in. Provincial Council assembled, beg leave respectfully to represent to your Excellency that in the opinion of this Council it was the intention of Parliament that tUe General Assembly should have been con yoked as soon as possible after the proclamation of the Constitution Act in the Colony. That until such meeting shall have taken place, the Constitution Act will nut have been fully and fairly brought into operation. That a long delay in calling: such meeting will entirely prostrate the designs of the Imperial Government. " That many of the powers exercised by the Executive Government will, in the absence of the sanction of the General Legislature, be exercised in an illegal and unconstitutional manner. That in various questions which have been brought under the consideration of this .Council, a great want has been felt of various laws whL-h could only be enacted l>v the authority of the General Assembly. aihl (bat from the want of such laws, this Council has been debarred from legislating upon various sul jects of the greatest iujuurlauce to the welfare oV the

Province. For all these reasons, therefore, they humbly pray that your Excellency will be pleased to call the General Assembly of New Zealand together with the least possible delay. And your petitioners will ever pray, Sec." GENERAL STATEMENT.

Mr. Tancred said that before the Council adjourned, he should wish to make a general statement as to the intentions o»' His Honor in reference to the prorogation of this Council. It was proposed to prorogue the Council on Thursday or if the business were got through, to-morrow. It was the intention of His Honor to prorogue the Council till the loth of February. The considerations which have guided the Government in coming to this decision were, that the greater part of the members would not be able, at least without considerable inconvenience, to give their attendance just at this moment when business of a private nature called them elsewhere. The continuing the session much longer would therefore not be attended with any practical result as the greater part of the members would be unable to attend. The immediate object for which we had been called together had been effected. We had given some form and shape to the new Government, we had framed the machinery by which the Provincial Government is in future to be carried on, and we have voted the Estimates for the maintenance of the various departments. This necessary, though merely preliminary, work effected, we may hope next session to proceed without delay to enact some measures of practical legislation. One of the first of these, if not the very first, will be the Cattle Trespass Bill. It is with great regret that the Government have felt themselves unable to pass this measure during the present session. The importance of the subject made it incumbent upon the Government to use great care and deliberation in its framing, and it did not appear desirable to pass an imperfect or ill considered measure, and to hurry it through at the fag-end of the session. An Education Bill will also be brought forward at an early apportunily in accordance with the Resolutions adopted by this Council in reference to that subject. In connection vrith this, it is hoped that the affairs of the Canterbury Association will have been brought intt) such a state as to enable the Council to proceed with a Bill for the creation of a Church Trust, as also for the creation of a College Trust. The Government will also be prepared by next session with a complete scheme for the management of the Waste Lands of the Province, both for sale and letting. This scheme will be framed wholly irrespective of the authority by which it may become law, and will merely embody a statement of what the Government consider, in the abstract, the best plan for (he disposal and management of the Waste Lands. If this plan meets with the concurrence of the Council, the Government will then proceed to frame a Bill by which it may be brought into operation. By" next session it may be hoped that some of "those difficulties which now fetter and embarrass us in legislation may be removed. The question as to whether the General Assembly is to be called together or not, will be decided "one way or the other. In either case we shall be able more clearly to understand our position, and we shall then be able to adopt some consistent and decided course in reference to this matter. The last point to which I wisli to advert has reference to the financial arrangements. Since it is considered that, as a general rule, it will be most convenient that the session should be held at the fall of the year, the Government propose to make up the acoounts from the first of January to the first of January, so as to lay each year's accounts complete before the Provincial Council. On the other hand, the Estimates will be prepared from the first of April in one year to the first of April in the succeeding year. The Government therefore propose to reconsider the Estimates next session.

The House adjourned at 8 o'clock. THURSDAY, Nov. 24th. The Speaker took the Chair at 11. PKOTESTS OF M-KMriKKS. Mr. Hall moved "• that the clerk be instructed to enter the protest of members on the Journals of the Council." Mr. Bkalky seconded the motion. Mr. Taxcued moved, and Mr. Cookson seconded, that the words from the word '• that" he omitted. Mr. Hamilton thought it would be establish-

ing a bad precedent to, allbwTf~^ being recorded. It would be carry! L ZTT business of the House by wrS L ,lhe speaking, and would cause* end!essl K £ clerk who had already quite eunm/n n A°r Uie If the opinions of 1^ corded,.so equally ought those of the maior,!" It was in the hon. gentleman's (Mr IT m pmyer to see that the proceeding ; nd J> of the House were properly reported and p b . hshed, and his constituents would see from v public press what part he took in the debate!and votes of the House. c»aits

Mr. Packer objected to the .amendment The Amendment was put and carried Mr. Tancred moved and Mr: Hamilton se conded—"That the Speaker be requested to transmit the thanks of this Council to the Rev Octavius Mathias for his services as Chaplain to the Council. Carried. '

The Speaker read the. assent of the Superin tendent to the Public Seal, Public Record Office, Empowering, and Scab and Catarrh Ordinances.

His Honor the Superintendent then entered the House, and delivered the following address :— °

Gentlemen of t»e council, The various measures which you have passed providing- for the immediate necessities of the Government of the Province, render it undesirable that I should prolong your attendance at a time ot the year when the private interests of several .amongst yon must require their presence in distant parts of the Province.

It is a matter for great congratulation that you have at your first session passed such laws as will place the Government of the Provinco upon a firm and permanent footing. I anticipate that the Scab and Catarrh Ordinance which you have passed will operate most beneficially in protecting from loss that interest to which this Province must be mainly'indebted for its future prosperity.

I deeply regret that you have felt yourselves unable to give more than a provisional sanction to the expenditure of the Revenues, but I cordially concur'in ; the Resolution to which you have come, and I earnestly hope that an, early meeting of the General Assembly may remove those difficulties, which you have experienced.

But, most of all, I regret that I am still unable to inform you that any funds whatever are at the disposal of the Provincial Government for the purpose of public works and immigration. This has arisen, first, from the continued refusal of the late Commissioner of Crown Lands to give any return of the probable income to be derived from the portion of the Province under his control; and, secondly, from the ignorance in which the authorities in the Province are still kept as to whether tlie funds arising withiu the late Canterbury block are to be expended according to the rules of the Association, or whether those funds are now to be considered the same as other funds arising from Waste Lands within the Province. Upon this point I have still no instructions.

I anticipate, however, that these disappointments will prove but temporary, and that by the time of the next meeting of this Council, these and other questions will have been cleared of those difficulties which now embaiass you.

With regard to the Resolutions vvliich youhave passed in respect to the management of the Waste Lands, I entirely share the extreme difficulties you have felt as"to the proper court*to be adopted. But it is a matter of congratulation that you have kept in view the great principle for which this settlement has, from the first day of its foundation, steadily contended—the principle of Local Responsible Government. The power of making- laws upon this matter you do not possess ; but you have Asserted a great principle that the laws for the disposal and management of the Waste Lands ought not to he altered, except by the General Assembly: whilst you have resolved that it would be for the advantage of the Province that the General Assembly should delegate to the Provincial Legislature the power of making such laws. I entertain little doubt that tue General Assembly will at its first meeting coufer upon you that important power. But long and painful experience has sliewn that the power of making new laws is, if p»sMble, even of less importance than the power o\ enforcing a just and righteous administration o» laws already existing This is indeed the {lie. cud and aim of all responsible Governineiij whatever. When the time shall arrive in wuh

you shall liave the power to legislate on the suhject of the Waste Lauds, I am certain you will unanimously agree that the arbitrary poweiS, now vested in the Commissioner of Crown Li>nds, ought never to exist, still less to be entrusted to one person: you will substitute known and written law for the discretionary will of an individual But, now, whilst you hiive Vio power to make or alter laws, you have at all events taken ihe only course open to you to mitigate the evil, by twice recording youropiuiou that the persons in whom such vast puwers are placed shall be those in whom the Public have declared that they have the most confidence. Indeed, it seems superfluous to argue that great powers may be always more safely entrusted to several persons, and those persons who have obtained the highest mark of the public esteem of their fellow-countrymen, than in any one individual. But, by proposing that those persons should be the members of the Executive Government of the Province, you go ouu-slep further, and assert that even an indirect" responsibility to the public is far better than none at all.. Gentlemen, it is my earnest wish that the day may soon come when the administrators of the Waste Lands will be, by law, as directly responsible to you, as the administrators of" the other Departments of Government now are ; but, until that time shall arrive, I trust you may be able to obtain some practical control over the administration of the Land Department by the powers of the Commissioner being entrusted to the Local Government. In coming to that conclusion, you were no doubt influenced by the other laws to which you have assented for the Constitution of the Executive Government. You have placed a wholesome check upon.the Superintendent in the performance of the most important Acts of Government, by requiring him to act by the advice of an Executive Council; that is to say, by compelling him to find some three or four persons of high standing in the community who shall agree with him in his Acts. This is in itself a most valuable restraint upon arbitrary power ; but, by the law for the limitation of Patronage, you have required that members of your Council, accepting office, shall obtain the sanction ol the people to the policy which they represent by submitting to a re-election^ Gentlemen, I know not how you could have more distinctly or directly provided for the complete constitutional responsibility of the Government to the Legislature. Gentlemen, I have to render you my sincere thanks for the great attention and the careful consideration you have bestowed upon the measures which have been proposed to you by the Government, and I earnestly hope that I shall ever receive the same cordial cooperation at your hands. I now declare this Provincial Council to stand prorogued until Wednesday the 15th day of February next. The formal instrument declaring the Council prorogued having been lead by the Clerk, the Speaker left the Chair, and the Council separated at half-past 12.